Texas Estates Code

§ 202.005 — APPLICATION FOR PROCEEDING TO DECLARE HEIRSHIP

ES § 202.005Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part E. INTESTATE SUCCESSION · Ch. 202. DETERMINATION OF HEIRSHIP · Art. A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF PROCEEDING TO DECLARE HEIRSHIP

Statute text

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A person authorized by Section 202.004 to commence a proceeding to declare heirship must file an application in a court specified by Section 33.004 to commence the proceeding. The application must state:

(1)the decedent's name and date and place of death;

(2)the names and physical addresses where service can be had of the decedent's heirs, the relationship of each heir to the decedent, whether each heir is an adult or minor, and the true interest of the applicant and each of the heirs in the decedent's estate or in the trust, as applicable;

(3)if the date or place of the decedent's death or the name or physical address where service can be had of an heir is not definitely known to the applicant, all the material facts and circumstances with respect to which the applicant has knowledge and information that might reasonably tend to show the date or place of the decedent's death or the name or physical address where service can be had of the heir;

(4)that all children born to or adopted by the decedent have been listed;

(5)that each of the decedent's marriages has been listed with:

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.21, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 9, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 12, eff. September 1, 2023.